Search Results Page

Search Results

1 - 10 of 35 (0.29 seconds)

Luckose Zachariah @ Zak Nedumchira Luke vs Joseph Joseph on 18 February, 2022

https://www.mhc.tn.gov.in/judis Suo Motu Crl.R.C.No.1481 of 2023 • For the aforesaid reasons, the decision of the Supreme Court in Luckose Zachariah v Joseph Joseph, 2021 SCC Online SC 3226 cannot apply to the facts of this case. It is a time honoured principle that a judgment is an authority for what it decides and not what it has not decided.
Supreme Court of India Cites 22 - Cited by 33 - D Y Chandrachud - Full Document

Ram Lal Narang Etc. Etc vs State Of Delhi (Admn.) on 10 January, 1979

“It is submitted that in the course of enquiry by this Honorable Court in respect of discharge petition filed by the Accused, it was 9/67 https://www.mhc.tn.gov.in/judis Suo Motu Crl.R.C.No.1481 of 2023 submitted by the Accused by way of written argument that some of the income was not properly considered by the Investigation Officer prior to the filing of Final Report. In support of said contention, the Accused introduced some new facts and documents, which appear to be not subjected for investigation during the previous occasion by the Investigation Officer. In view of the above-said circumstances, it is necessary to conduct further investigation in the interest of justice and to place the entire facts before this Honorable Court. The further investigation will not cause any prejudice to the Accused. It is further submitted that the prosecution is entitled to conduct further investigation regarding the new materials brought to the knowledge of the Investigation Officer and also for those materials which were omitted to be taken care of during earlier investigation. It is settled proportion of law laid down in Ram Lal Narang v State of Delhi (1979-2 SCC -322) that it is ordinarily be desirable that the Police should inform the court and seek formal permission to make further investigation when fresh facts came to light. The further investigation 10/67 https://www.mhc.tn.gov.in/judis Suo Motu Crl.R.C.No.1481 of 2023 can be under taken at any stage. The duty of fair investigation on the part of the Investigation Officer is to collect material not restricted to prosecution side but also it extends to even the stand of defense. The argument on the discharge petition can also be effectively done after completing the further investigation.” The basis of further investigation, according to the IO, is that the written argument of the accused in the discharge petitions had “introduced some new facts and documents”."
Supreme Court of India Cites 31 - Cited by 375 - O C Reddy - Full Document
1   2 3 4 Next